The Senate approved on Wednesday, 08/03/2022, the Conversion Bill 21 of 2022, originated from Provisional Measure 1.108/2022, responsible for regulating telecommuting and changing the rules regarding meal tickets. The Bill will be sent to the President of the Republic for sanction.

The PM amends the wording of art. 75-B of the CLT, defining telework as the rendering of services outside the employer's premises, predominantly or not, with the use of information and communication technologies which, by its nature, does not constitute external work.

Moreover, he emphasizes that the presence at the employer's premises to perform specific activities that require the employee's presence at the establishment, even if in a regular manner, does not disregard the telework or remote work regime.

The text also defines that the time of use of technological equipment outside the employee's normal working hours does not constitute time available to the employer, standby or on call, except if there is a provision in an individual or collective agreement.

In addition, the Bill determines that employees subject to the telecommuting or remote work regime who provide services by production or task will not be subject to the traditional workday rules set forth in art. 58 of the CLT.

Also according to the proposal, the contracts signed in Brazil for telecommuting outside the national territory must obey the Brazilian legislation.

Finally, it emphasizes that the employer will not be held responsible for the expenses resulting from the return to work in person, if the employee opts to perform telecommuting or remote work outside the location stipulated in the contract, unless otherwise stipulated by the parties.

As for the meal ticket, the Provisional Measure determines that it will be destined exclusively to the payment of meals in restaurants or food purchased in stores, so that the amount received cannot be used to defray the employee's other expenses.

It also establishes that the employer, when contracting companies to supply the meal tickets, cannot receive any discount on the contracted value, with the provision of a fine ranging from R$5,000.00 to R$50,000.00 in case of non-compliance with the legal determination.

However, it is worth pointing out that the rules brought by the PM will not be applied to meal ticket contracts in effect until their termination or until a period of 14 months has elapsed, as of the date of publication of the Law.

By: Marina da Silveira Pinto
CPDMA Team | Labor Law